Weber County (Utah). Probate Court Civil and criminal case files, 1852-1887.

In 1852, the Utah Territorial Legislature provided that the Probate Court should have jurisdiction not only in estate and guardianship matters, but original jurisdiction in civil, criminal, and chancery cases. The Probate Court could act as an appellant court to the Justice of the Peace Courts in the County, and decisions made in the Probate Court could be appealed to the District Court. This series includes those cases handled by the Probate Court which are not probate or estate cases. Civil cases include primarily divorce, debt, replevin, damages, contract and property disputes. Criminal cases include larceny, robbery, assault, burglary, disturbing the peace, and contempt of court charges, as well as others. Other case types include appeals and habeas corpus hearings. In 1874, the federal Poland Act revoked the jurisdiction of the Probate Court over all but divorce and probate cases. In 1887, the federal Edmunds-Tucker act revoked Probate Court jurisdiction in divorce cases, and withthat Act, the creation of this series ended.

Generally, case files include a number of discrete documents. These documents may include an initiating petition, summons and subpoenas issued to the parties in the case and to witnesses and potential jury members, bonds, exhibits, statements of fees, and other documents created and filed with the Court during the process of the trial action. Criminal cases may also include grand jury indictments, jury verdicts, and orders of commitment to the penitentiary. Civil cases may include affidavits of publication of summons in those cases where the defendant was not served personally, as well as decrees detailing the disposition of the case. Appeals may include the transcript of the proceedings of the lower court.

This series also includes items that are not case files as such, but individual documents filed with the court. For example, transcripts of hearings in other courts may have been filed with the court and are represented in this series.Individual pieces of correspondence which are not related to a case file before the court may also be included as a separate file.

Divorces make up the largest portion of these case files. Prior to 1878, Utah Territory had one of the most liberal divorce laws in the United States and did not require residency in order to obtain a divorce within the territory. A simple statement that the married couple could not live in peace and union together was sufficient grounds for the granting of a divorce decree. As such, once the establishment of the railroad system provided regular access to the territory in 1869, the Probate Court handled many divorces for persons who could not meet the stricter laws regarding the granting of divorces in their home states. In 1878, the territorial Legislature changed the law to require residency, thereby decreasing significantly the number of divorces handled by the Probate Court.